ELECTRICITY DEPARTMENT Vs. JOS KAVALAKKAT

JUDGEMENT

(1.) The Electricity Department of the Trissur MunicipalCorporationhasfiled these Writ Petitions challenging the interim orders issued by the Consumer Disputes Redressal Forum, Trissur (CDRF for short), in matters relating to assessment of electric supply charges and action for unauthorised extensions initiated by them against the party respondents herein, asserting vehementlythatthe said Forum has no jurisdiction to entertain such complaints. The petitionerrelies upon the judgment of a Division Bench of this Court in KSEB Ltd and Another v. KSCDRC and Others [2018(4) KHC 315], wherein the law has been emphatically declared that the CDRF or the State Commission has no jurisdiction to decide matters which come under Section 126 of the Electricity Act, 2013.

(2.) On hearing the submissionsmade on behalfof the petitioner by their counsel Sri.LijuM.P.asafore, I asked the learned counsel for the partyrespondents, Sri.R.S.Kalkura as to how his clients would be able to justify the exercise of jurisdiction by the CDRF, particularly in view of declaration of law in the afore judgment. The learned counsel though tried feebly to support the orders of the CDRF,finally concededthat going by the judgment above referred in KSEB Ltd (supra), the CDRF maynot obtainjurisdiction in these matters. Taking note of the afore submissions and without in any manner foreclosing any of the other remedies, that may available to the party respondents inthese cases, to challengethe orders impugned by them before the CDRF, I allow these Writ Petitions setting aside the impugned orders, solely because the CDRF does not obtain jurisdiction to pass such orders going by the judgment in KSEB Ltd (supra). I clarify that I have not considered any of the contentions of the party respondents against the orders impugned by them before the CDRF on its merits; and I leave full liberty to them to invoke and pursue all their remedies, as may be available tothem, underother applicable Statutes, Rules and Regulations, notwithstanding the observations in this judgment.